Senate Bill sb2470

    Florida Senate - 2004                                  SB 2470

    By Senator Crist





    12-1487-04

  1                      A bill to be entitled

  2         An act relating to indictment of a juvenile;

  3         amending s. 985.225, F.S.; requiring the court

  4         to make a determination of competency when a

  5         minor is indicted for an offense punishable by

  6         death or by life imprisonment; providing an

  7         effective date.

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  9  Be It Enacted by the Legislature of the State of Florida:

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11         Section 1.  Subsection (1) of section 985.225, Florida

12  Statutes, is amended to read:

13         985.225  Indictment of a juvenile.--

14         (1)  A child of any age who is charged with a violation

15  of state law punishable by death or by life imprisonment is

16  subject to the jurisdiction of the court as set forth in s.

17  985.219(8) unless and until an indictment on the charge is

18  returned by the grand jury. When such indictment is returned,

19  the court on its own motion shall make a determination of

20  competency under s. 985.223. Thereafter, the petition for

21  delinquency, if any, must be dismissed and the child must be

22  tried and handled in every respect as an adult:

23         (a)  On the offense punishable by death or by life

24  imprisonment; and

25         (b)  On all other felonies or misdemeanors charged in

26  the indictment which are based on the same act or transaction

27  as the offense punishable by death or by life imprisonment or

28  on one or more acts or transactions connected with the offense

29  punishable by death or by life imprisonment.

30         Section 2.  This act shall take effect July 1, 2004.

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    Florida Senate - 2004                                  SB 2470
    12-1487-04




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 2                          SENATE SUMMARY

 3    Requires the court to make a determination of competency
      when a minor is indicted for a capital offense.
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CODING: Words stricken are deletions; words underlined are additions.